Lawsuit filed over deadly newlywed helicopter crash in North Georgia
Dave and Jesni Fiji. Courtesy of family
DEKALB COUNTY, Ga. - A woman who survived a helicopter crash on her wedding night has filed a lawsuit alleging the flight should have been canceled because of dangerous weather.
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What we know:
Jesni Sam filed the lawsuit Sept. 22 on her own behalf and on behalf of the estate of her husband, Dave Fiji.
The complaint names Prestige Helicopters Inc., The Revere LLC and Revere Group LLC as defendants. The claims are allegations that have not been proven in court. The companies’ responses were not included in the records provided.
Wedding night ends in tragedy
The backstory:
Sam and Fiji were married May 29 at The Revere, a wedding venue in Dawsonville. At the end of the celebration, they boarded a Robinson R66 helicopter for a planned "helicopter send-off."
The couple’s family previously told FOX 5 Atlanta that the ride was included in the wedding package.
According to the lawsuit, the helicopter left the venue at about 11:45 p.m. for DeKalb-Peachtree Airport. It crashed in the Dawson Forest Wildlife Management Area about five minutes later.
Fiji and Nargundkar were killed. Sam survived with serious injuries but remained trapped in the wreckage for nearly six hours before rescuers found her, the lawsuit says.
The National Transportation Safety Board said the helicopter struck tall trees before crashing in a wooded area. There was no fire after the impact.
Weather concerns raised
What they're saying:
Fiji’s family said weather was a concern before the helicopter departed.
"Initially, it was going to be called off because of weather concerns; however, when the chopper came in, the pilot was very confident that it wouldn't be an issue, even though it had started raining," Fiji’s mother, Phebah Fiji, said after the crash.
She said her son, who worked as a pilot for Endeavor Air, also raised concerns about poor visibility.
The lawsuit cites NTSB weather information indicating the area may have had rain, fog, low clouds and moderate rain near the helicopter’s location. Weather advisories were also in effect for thunderstorms, poor visibility and mountain obscuration.
What the lawsuit alleges
The complaint accuses the pilot of failing to properly assess the weather and cancel or abort the flight. It also raises questions about the helicopter’s altitude, its distance from trees and the pilot’s control of the aircraft.
Prestige Helicopters is accused of failing to properly train and supervise its pilots and failing to establish adequate rules for canceling flights during unsafe weather.
The lawsuit also alleges The Revere and Revere Group arranged and promoted the helicopter send-off but did not have proper procedures for postponing or canceling it.
The venue companies are accused of failing to warn the couple about possible dangers and failing to make sure the helicopter operator had proper safety and weather-cancellation policies.
Injuries and damages
The lawsuit says Sam suffered injuries to her hip, leg, neck, fingers, arm and stomach. It also lists headaches, dizziness, loss of balance and extensive scarring.
The complaint says she continues to experience post-traumatic stress disorder, depression, grief, anxiety and a fear of flying.
Sam is seeking compensation for medical expenses, rehabilitation, pain, emotional suffering and permanent scarring. She and Fiji’s estate are also seeking damages related to his death, including lost income, funeral expenses and loss of companionship.
The lawsuit does not request a specific dollar amount. It asks a jury to determine damages.
Sam is represented by Kansas City-based Robb & Robb LLC, a law firm specializing in aviation cases. The firm previously represented Vanessa Bryant in litigation stemming from the helicopter crash that killed her husband, NBA star Kobe Bryant.
What's next:
The NTSB continues to investigate the cause of the crash. A final report has not been released.